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A conflict between military personnel and their ex-spouses may be brewing over retirement payments. At the Pentagon's recent briefing on the Uniformed Services Former Spouse Protection Act (USFSPA), there was demand for reform.

USFSPA, enacted in 1982, allows state courts to divide military retirement as property in divorce settlements. For example, ex-spouses married for 20 years or more can be awarded up to 50% of the former spouses pension for life, or until they remarry. If there were child support or alimony court orders, the ex could enjoy as much as 65% of the military pension.

Congress intended to protect former spouses — chiefly women — from being "dumped." It was thought military wives could not easily establish careers and work on their own retirement, since they moved frequently due to thier husband's military career. Times have changed now, and military wives can work and earn pensions.

USFSPA gives state courts authority to distribute retirement pay, classified as both property and income. Spouses often end up with a substantial share of the ex's retirement. This is especially true in the case of short-term marriages.

Some of the proposed reforms include:

  1. Limit the duration of payments — if married less than 20 years - to the number of years of the marriage. Spouses married 20 years or more would continue to receive benefits indefinitely.
  2. Base awards on the military grade and years of service at the date of the divorce and not on the pension amount earned at retirement.
  3. Prohibit courts from ordering service members to begin paying ex-spouses prior to retirement.
  4. Military personnel shouldn't be forced to retire if they choose to continue in service beyond retirement eligibility date.
  5. Survivor benefits should be divisible among multiple spouses, not only to one spouse, as presently provided.

I understand the reluctance of Congress to act, since they don't want to antagonize the retirement and military communities. Former spouses must not get a windfall by sharing the higher retirement pay due to promotion years beyond the divorce. I can't help but sympathize with the complaint that military retirement pay shouldn't be factored into divorce settlements like other property.

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